1. “The Photographer” is Fiona Fellows trading as Fiona Fellows or Fiona Fellows Photography.
2. “The Client ” is the person or organisation to whom the invoice is addressed.
3. Reproduction includes any form of publication or copying of the whole or part of any picture and whether or not altered by printing, photography, slide projection (whether or not to an audience) xerography, artist’s reference, artist’s illustration, layout or presentation, electronic or mechanical reproduction or storage by any other means.
1a. These Terms and Conditions shall be governed and construed in accordance with the Laws of England. These Terms and Conditions cannot be varied in any way by the Client unless such conditions are expressly agreed by the Photographer in writing.
The content including but not limited to, photographs, logos, text, data and graphics of this website are copyright © Fiona Fellows Photography 2023. All rights reserved.
The right of the photographer is identified as the creator of this website and has been asserted in accordance with the Copyright, Designs and Patents Act 1988. Any use including, but not limited to, the copying, communication, storage, publication, exhibition, reproduction, alteration or distribution and the selling of any part of this website in any form without prior written consent is forbidden by UK and international copyright law. Any person, company or website found in breach of this will be prosecuted to the full extent of the law. The entire copyright in the pictures is retained by Fiona Fellows Photography ltd at all times throughout the world.
As Fiona Fellows Photography ltd is the copyright holder, they will not allow any un-edited photos from the session to be released to a client. If a client would like more photos than the agreed amount they can be purchased for an additional fee and will be edited by the company.
By booking a photography session with Fiona Fellows, you are agreeing to the following usage terms for the images produced:
Unless otherwise stated, reproduction rights for actors, performers and model headshots granted by the Photographer to the Client are as follows:
1. Self-promotional use by agent(s) and actor/model/performer in his/her capacity as an actor/model/performer is permitted. This includes web, print, Spotlight, CCP and other casting directories, agent mail outs, theatre programmes and front of house by employers. Extends to personal social media profiles (including, but not limited to Instagram, Facebook, Twitter, LinkedIn, TikTok, etc). Fiona Fellows is to be credited as the originator of the work(s) and all derivative work(s).
2. Reproduction in print or electronic media for commercial purposes (including, but not limited to biographies, commercial listings, paid-for advertising, press distribution and placements) is strictly prohibited and constitutes a breach in copyright, unless prior written consent is provided and an agreed licence fee is paid to Fiona Fellows.
1. No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Fiona Fellows Photography ltd.
1. Note that all retouching is done at the discretion of the company and retouch notes provided by the client are not guaranteed.
1. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
Reproduction rights for corporate, business, professional and personal headshots are to be agreed at the time of booking. This agreement shall be made between the Photographer and the Client according to the Client’s requirements and contingent fees. Upon agreement in writing, the following terms of use may be granted to the Client:
1. Personal Use only: The right to use the pictures only for self-promotional purposes. This includes personal social media profiles (including, but not limited to Instagram, Facebook, Twitter, LinkedIn, TikTok, etc) and curriculum vitae. Excludes use by employers and third parties in print or electronic media.
2. Company Internal Use: The right to use the pictures as described above; plus a licence for use only within a company for non-commercial purposes; publication in a free in-house magazine not normally available to the public; exhibition within the Client’s premises; editorial use in the Client’s intranet site, but not annual reports or any other public document.
3. Company Public: The right to use the pictures as described above; plus a license for use on Company public websites, public promotional literature, company social media outlets and annual reports.
4. PR and Press distribution: The right to use the pictures as described above; plus a licence for third parties to reproduce such pictures in print or electronic media in an editorial context where no fee has been paid to guarantee publication.
5. Specified Use Only: The right to use the pictures once only for the purpose as described on the invoice.
6. Editorial: One reproduction only of pictures supplied within one print edition of the specified title in an editorial context only, unless otherwise agreed with the Client.
1. No addition to, deletion from or alteration to or adaptation of a picture may be made without the written permission of Fiona Fellows Photography ltd.
1. Note that all retouching is done at the discretion of the company and retouch notes provided by the client are not guaranteed.
1. Unless a rejection fee has been agreed in advance, there is no right to reject on the basis of style, composition or editing.
Where the Client is an individual, the full balance is to be paid either in advance of the photoshoot, or on the day, unless otherwise agreed in writing.
Payment is to be made either via bank transfer, cash or card (via Square if preferred).
I do not offer refunds. In exceptional circumstances I may offer a short re-shoot.
RESCHEDULING + CANCELLATION
Issues can come up at short notice for us all and I only ask and trust that you give me sufficient advance notice if you need to reschedule so that I have time to offer someone else the time slot. Should you wish to cancel your shoot and it's less than 48 hours notice, then it is my policy to charge a 20% cancellation fee.
The photographer can express his right to refuse service to anyone at any time outside the parameters of discrimination. If the photographer feels unsafe to continue the working relationship she has the right to terminate this at any time. Abusive language or threatening behaviour will not be tolerated. Fiona Fellows Photography ltd reserves the right to rearrange, cancel or postpone a session.
The Client hereby allow(s) the Photographer to display any photograph covered by this contract and to generally promote the business in advertising, brochures, magazine articles, websites, etc. The Photographer will aim to keep these photographs safe from any malicious activity but cannot be held liable or accountable for malicious actions carried out by persons other than Fiona Fellows.
The Photographer shall not be liable for indirect loss or third party claims occasioned by delay in completing the work or for any loss to our customers arising from delay in transit. Where work is defective for any reason, including negligence, the photographer’s liability (if any) shall be limited to rectifying such defect.
In the very unlikely event of total photographic failure, liability shall be limited to a full refund of any fees paid.
Any directions issued to clients, their guests or employees during a photographic shoot are deemed to be at said persons own risk. The photographer cannot be held responsible for any personal accidents during a photographic shoot.
The Photographer shall be granted artistic licence in relation to the poses photographed, the location used and digital retouching. The Photographer’s judgement regarding the locations, poses and number of photographs taken shall be deemed to be correct.
Any complaints should first be raised by the Client with the Photographer in writing within 21 days from the date of receipt of images.
Fiona Fellows reserves the right to amend these Terms and Conditions without prior notice.
Our privacy policy will help you understand what information we collect at Fiona Fellows Photography, and how we use it.
When we talk about ‘ Fiona Fellows Photography,,' ‘we,' ‘our,' or ‘us' in this policy, we are referring to Fiona Fellows Photography, the company which owns and operate this website. It is our policy to respect your privacy regarding any information we may collect from you.
Personal Data
Content and information submitted by you through a contact form on this site is referred to in this policy as ‘Personal Data.' As further explained below, Personal Data is controlled by us. Personal Data you provide may include information such as an email address, first and last name, phone and contact numbers, your company name, and your enquiry.
Other Information
We may also collect and receive the following information:
Log data: This website is a service provided by Fabrik, a portfolio website platform. When you use the site, Fabrik's servers automatically record information, including information that your browser sends when you are using it. This log data may include your browser type, the date and time of your use of this website, information about what type of device you’re using, language preferences, and cookie data.
Services integrations: We may use a third party service to collect and manage your Personal Data, we may connect that service to our site. The third party provider of the integration may receive Personal Data and non-personally-identifying information about your session from us.
Personal Data
We discloses potentially personally-identifying and personally-identifying information only to our employees, contractors and affiliated organisations that (i) need to know that information in order to process it on our behalf, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organisations may be located outside of your home country; by using our website, you consent to the transfer of such information to them.
We will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to our employees, contractors and affiliated organisations, as described above, we disclose potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when we believes in good faith that disclosure is reasonably necessary to protect our property or rights, third parties or the public at large.
We may access and use Personal Data as reasonably necessary to (a) provide, maintain and improve our services; (b) to prevent or address service, security, or technical issues; (c) as required by law.
Other Information
We may collect kinds of information in operating this website. Specifically:
Aggregated Statistics: Fabrik may collect analytical statistics about the behaviour of visitors to its websites. Fabrik may display this information publicly or provide it to others. However, Fabrik does not receive personally-identifying information from you.
Cookies: A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Fabrik uses cookies to help Fabrik identify and track visitors, their usage of Fabrik websites, and their website access preferences. Site visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using the website, with the drawback that certain features of the website may not function properly without the aid of cookies.
We respect your privacy rights and provide you with reasonable access to the Personal Data that you may have provided through your use of this website. If you wish to access or amend any personally-identifying data we hold about you, or to request that we delete or transfer any information about you that we have obtained from this website, you may contact us as set forth below. At your request, we will have any references we store to you deleted or blocked.
If you have any questions about this privacy policy, the practices of any of our websites or services, or your dealings with us, please contact us at fiona@fionafellows.com or by post at Hilton Cottage, Grove Lane, Chalfont St. Peter. SL9 9JU
